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(영문) 서울중앙지방법원 2016.03.17 2015노4042
업무상배임
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was jointly and severally guaranteed within the scope of reasonable management judgment, and did not perform any act contrary to his occupational duties, and did not intend to commit a crime of breach of trust.

B. The Prosecutor’s sentence of the lower court (the suspended sentence of KRW 7,00,000) is deemed to be too unfilled and unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged is the representative director of the Council of the Victims Co., Ltd. (hereinafter “victim Co., Ltd.”) from July 16, 2010 to July 16, 2013, who has overall control over the affairs of the company.

With respect to the entry of cosmetics make factoring businesses by damaged companies, the Defendant was requested to request L to request for joint and several surety from L while consulting with L's representative director of K (hereinafter "K"), which is a manufacturing company of Mask factoring (hereinafter "K") on the delivery of Mask factoring from August 2012.

On the other hand, the injured company reviewed the △△ History, which is not K, as the investigation of Mak fact, from September 24, 2012.

When the defendant, as the representative director of the victimized company, guarantees obligations of another company in the name of the victimized company, he/she has the ability to confirm in advance the financial status of the other company, which is the principal debtor.

If it is deemed joint and several sureties, and if the other company's financial situation is not good, the damaged company shall take measures such as receiving sufficient security from the other company so that it may not cause or minimize damage to property due to joint and several sureties, and even if it is joint and several sureties, it shall take measures to avoid the damage company's joint and several sureties due to changes, etc. in the financial situation of other company and perform the duty of due care as a good manager, such as going through a resolution of the board of directors

Nevertheless, the Defendant, on October 11, 2012, is a new bank hedging in Gangnam-gu Seoul, Seoul.

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